Rakesh Verma v. Jasvinder Kaur Walia

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3180/2024 & CM APPL. 47093-47094/2024 RAKESH VERMA .....Petitioner Through:

Mr.

Abhijat and Mr.

Abhinav Ramkrishna, Advocates versus JASVINDER KAUR WALIA .....Respondent Through:

Mr. Hemat Gupta, Advocate

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 16.08.2024 CM APPL. 47094/2024 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 3180/2024 & CM APPL. 47093/2024 1.

Petitioner is defendant before the learned Trial Court and is aggrieved by order dated 01.08.2024 whereby his application moved under Order VII Rule 11 CPC has been dismissed, albeit, with cost of Rs. 50,000/- payable to the plaintiff. It was also directed in the said order that if cost is not paid then his defence would be struck off.

2.

Case is fixed before learned Trial Court tomorrow for admission/denial of documents as well as for payment of cost with respect to two aspects. 3.

Firstly, cost of Rs. 50,000/- is to be paid for belatedly filing of WS and secondly, as already noted above, further cost of Rs. 50,000/- is to be paid qua dismissal of application under Order VII Rule 11 CPC. CM(M) 3180/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:48:21

4.

After hearing arguments for some time, learned counsel for petitioner states that he does not press his present petition and merely seeks waiver of cost imposed upon him in context of dismissal of application under Order VII Rule 11 CPC.

5.

Learned counsel for respondent appears on advance notice and states that he does not insist for such cost either. 6.

In view of the above, present petition is disposed of as not pressed and simultaneously the cost of Rs. 50,000/- imposed in context of dismissal of application under Order VII Rule 11 CPC also stands waived off in view of aforesaid.

MANOJ JAIN, J AUGUST 16, 2024/dr CM(M) 3180/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:48:21